Lawyers at the Crossroads: Government Ethics & Professional Conduct
Dan Gilbert and Amber Hollister discuss the intersection of government ethics and professional conduct for lawyers in Oregon. They delve into scenarios involving potential conflicts of interest and ethical dilemmas, highlighting the regulations enforced by the Oregon Government Ethics Commission and the Oregon State Bar. The presentation emphasizes the importance of upholding ethical standards and navigating challenges in legal practice within the framework of the Oregon Government Ethics Law and Rules of Professional Conduct.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.
E N D
Presentation Transcript
LAWYERS AT THE CROSSROADS: GOVERNMENT ETHICS & THE RULES OF PROFESSIONAL CONDUCT Dan Gilbert, Office of Legislative Counsel Amber Hollister, Oregon State Bar Oregon State Capitol December 6, 2019
REMEMBER TO LOOK BOTH WAYS: Remember to Look both ways: OREGON GOVERNMENT ETHICS LAW, ORS CHAPTER 244 OREGON RULE OF PROFESSIONAL CONDUCT 1.11
WHO REGULATES YOU? Oregon Government Ethics Commission Oregon State Bar Instrumentality of Judicial Department Created by Statute Regulatory Entity Enforcing Oregon Government Ethics Law, Chapter 244 Regulatory Entity Enforcing Oregon Rules of Professional Conduct Can Sanction Lawyers for Professional Misconduct Can Impose Civil Penalties on Public Officials, Lobbyists, and Candidates for Noncompliance
SPECIAL INFLUENCE ORS Chapter 244 but for prohibition - ORS 244.040(1) RPC 1.11 No use of public position to obtain special advantage in legislative matters. RPC 1.11(d)(2)(i) No use of public position to influence tribunal. RPC 1.11(d)(2)(ii)
HYPOTHETICAL 1: LAND USE HEARTBURN Jane is a legislative staffer and new attorney. She receives a call from her mother, a real estate developer, who is embroiled in a dispute with the Land Use Board of Appeals. Jane knows her elected enjoys a close personal relationship with a member of the board, Ben Boundary. Jane s mom suggests that she make a call to Ben to encourage him to make a favorable decision for her mom. How should Jane analyze this issue?
BRIBES & GIFTS ORS Chapter 244 but for prohibition - ORS 244.040 gift limit ORS 244.025 RPC 1.11 No accepting bribes. RPC 1.11(d)(2)(iii)
HYPOTHETICAL NO. 2: BLAZER FEVER John is a volunteer member of a local school board, who also happens to be a lawyer. An educational testing vendor offers John courtside tickets to the Blazers. John is over the moon - he is a super fan. John knows that the vendor is responding to an RFP seeking a contract with the school district, and likely wants his vote to approve the deal. How should John analyze the issue?
CONFIDENTIAL INFORMATION ORS Chapter 244 No use of confidential information for personal gain - ORS 244.040(4)&(5) RPC 1.11 No using confidential government info to represent private client. RPC 1.11 (c) &(d)(2)(iv)
HYPOTHETICAL NO. 3: SKETCHY DEAL Harry, an attorney, was previously employed by the Oregon Department of Revenue, where he helped the agency investigate tax fraud. While at DOR, Harry learned that MegaCorp was being audited, and DOR had suspicions it was engaged in tax evasion. Harry now works for a private law firm, and has been asked to work on a deal with a firm client that is seeking to acquire an asset from MegaCorp. Based on his prior work for DOR, Harry questions the valuation of the asset. He is not sure whether DOR s investigation is finished. How should Harry analyze the situation?
CONFlICTS ORS Chapter 244 Conflicts provisions 244.120 RPC 1.11 Subject to regular current and former client conflict rules, including self-conflict provisions, RPC 1.11(d)(1) No working on matter you worked on as a private lawyer, without informed consent. RPC 1.11(d)(2)(v)
HYPOTHETICAL NO 4: DIVIDED LOYALTIES Sam is an attorney in private practice who was appointed by the Governor to serve on a public commission. During the commission s public meeting, Sam realizes that a proposed regulation could harm several small businesses he represents as an attorney. How should Sam analyze the issues? What should he do?
HYPOTHETICAL NO 5: SWITCHING SIDES Pat formerly worked as an assistant deputy attorney, where she prosecuted misdemeanors and felonies. She is now in private practice as a criminal defense attorney. She has been approached by Max, who is charged with a DUII because he did not successfully complete diversion. Pat formerly appeared on Max s case, and offered him diversion. How should Pat analyze the issue?
EMPLOYMENT ORS Chapter 244 Subsequent employment, ORS 244.047 RPC 1.11 Limit on negotiating for private employment. RPC 1.11(d)(2)(vi) Employment after participation in public contracting, ORS 244.040(3)
HYPOTHETICAL NO 6: SEEKING NEW HORIZONS Emily is a staffer who is aiding a legislative committee with an ongoing investigation about alleged agency malfeasance. During the investigation, she becomes an expert on the agency s service delivery model, programs, and financials. Near the end of session, Emily is approached by a consultant that has been hired by the agency to turn things around. She would love to take the job. How should Emily analyze the situation?
2019 LEGISLATION OF INTEREST SB 478 Relating to nondisclosure agreements. HB 2096 Relating to payment of attorney fees in contested cases involving the Oregon Government Ethics Commission. HB 2595 Relating to lobbying by former members of the Legislative Assembly. HB 3377 Relating to the legislative branch (Joint Committee on Conduct Legislation).
QUESTIONS? Dan Gilbert Amber Hollister Office of Legislative Counsel Oregon State Bar ahollister@osbar.org 503.620.0222 @oregonethics www.osbar.org/ethics
